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1998

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Destination Unknown: Does The Internet's Lack Of Physical Situs Preclude State And Federal Attempts To Regulate It , Christopher S.W. Blake Jan 1998

Destination Unknown: Does The Internet's Lack Of Physical Situs Preclude State And Federal Attempts To Regulate It , Christopher S.W. Blake

Cleveland State Law Review

This Note summarizes recent tests of state and federal Internet content regulations and analyzes the impact the Internet's incompatibility with "real space" geography had or might have had on the courts' reasoning. To some extent, it posits what problems the incompatibility poses for impending legislation. In the midst of such discussion, this Note opines that state and federal regulations of the Internet could conceivably both fail Constitutional muster, due specifically to the internet's physical shortcomings. Part II of this Note offers a background of the Internet's different communication capacities and describes its conflicts with geography. Part III summarizes the courts' …

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The Clean Air Act Amendments Of 1990 And An Unbridled Spending Power: Will They Survive On The Supreme Court's Road To Substantive Federalism, Mark A. Miller Jan 1998

The Clean Air Act Amendments Of 1990 And An Unbridled Spending Power: Will They Survive On The Supreme Court's Road To Substantive Federalism, Mark A. Miller

Cleveland State Law Review

The question remains as to how far the Supreme Court will go in its refortification of the Tenth Amendment. This Note explores emerging federalism trends and evaluates the CAA in light of a stronger state sovereignty that is appearing on the constitutional horizon. Parts II and III examine the CAAA and the constitutional problems engendered by the Act. Part IV examines current Tenth Amendment and Spending Clause jurisprudence, and illustrates that the CAAA is a classic example of how Congress has been able to circumvent the Tenth Amendment with its Spending power. Part V presents a new view of federalism …

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Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo Jan 1998

Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo

Cleveland State Law Review

This Note addresses the major provisions of the Clean Air Act that deal with the transport of ozone from one state to another. After an overview of the Act and specific sections dealing with ozone transport, the Note discusses the Environmental Protection Agency's (the "EPA") inconsistent interpretation and application of the Act, as exposed through the limited case law addressing this issue to date. Next, using the illustrative cases of Pennsylvania and Ohio, the Note discusses how Northeastern states are suffering economically and physically due to Midwestern pollution. This Note concludes that it is time for the EPA to stop …

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Grandparent Visitation Rights In Ohio After Grandchild Adoption: Is It Time To Move In A New Direction , Genevieve Louise Adamo Jan 1998

Grandparent Visitation Rights In Ohio After Grandchild Adoption: Is It Time To Move In A New Direction , Genevieve Louise Adamo

Cleveland State Law Review

This note will explain why the Ohio legislature should change the current law regarding grandparent visitation following the adoption of their grandchildren. This note will first explore the way that Ohio looked at the issue of grandparent visitation following the adoption of their grandchildren prior to the Ohio Supreme Court decisions in Ridenour and Martin. Then this note will examine the decisions in Ridenour and Martin. Next this note will discuss other states' laws which allow grandparent visitation following a stepparent adoption. Finally, this note will examine some of the studies and commentaries which suggest that grandparent visitation following stepparent …

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Genetic Technology And Its Impact On Culpability For Criminal Actions , Marcia Johnson Jan 1998

Genetic Technology And Its Impact On Culpability For Criminal Actions , Marcia Johnson

Cleveland State Law Review

This article addresses only one issue, one which our judicial system ultimately must address: the criminal responsibility one will bear for committing a crime when the actions are determined by the actor's genetic make-up. Part I of the article traces the roots of genetic research from Darwinism to eugenics and Nazi racial purity theories. Part II reviews theories and studies which support the concept of genetic influence on social, particularly criminal, behavior. Part III considers the impact of the genetic revolution on our criminal justice system with special emphasis on the effect on our system's fundamental concept of free will. …

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The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko Jan 1998

The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko

Cleveland State Law Review

Perhaps no legal principle illustrates the use of Fourteenth Amendment equal protection jurisprudence more poignantly than the relatively obscure cy pres doctrine. The ancient doctrine which allowed both courts and the Crown in England to change trust purposes when the original trust purposes proved no longer viable was adopted belatedly, sporadically and partially by jurisdictions in the United States. In Part I, the author illustrates how the United States jurisdictions differ from England in the requirement for charitable intent. Earlier cases reveal the United States, unlike England, has resisted relaxation of the requirement. In Part II, the author uses the …

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The Tax Status Of Ohio Property Used For Low-Income Housing, Christopher P. Conomy Jan 1998

The Tax Status Of Ohio Property Used For Low-Income Housing, Christopher P. Conomy

Cleveland State Law Review

This Note argues that the rule denying property tax exemption to low-income housing units is improper. The rule is improper in three significant regards. First, as a matter of social and public policy, the rule is misguided, because it hinders the fulfillment of an important need in Ohio and in American society at large. Second, as a purely legal matter, the original rule denying exemption for these properties resulted as a mistaken application of the existing law regarding the definition of "charitable" use. The third, and most compelling reason, is that the legal basis underlying the original rule has undergone …

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The Future Of Affirmative Action: The Legal Imperative Nationally And The Ohio Experience, Jack P. Desario, Thomas L. Colaluca, Gina A. Kuhlman Jan 1998

The Future Of Affirmative Action: The Legal Imperative Nationally And The Ohio Experience, Jack P. Desario, Thomas L. Colaluca, Gina A. Kuhlman

Cleveland State Law Review

This presentation of the legal future of affirmative action will be divided into five sections. The introductory material serves as a general introduction to the issues. The second section will review the origins and evolution of affirmative action. This section will also attempt to provide a definition of this complex concept. The third will provide a detailed analysis of Regents of the University of California v. Bakke. Bakke represents the Supreme Court's first attempt to resolve the legal complexities of affirmative action. The Court's holdings in Bakke have shaped the debate for over 20 years. The fourth segment of this …

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The Ambiguous Role And Responsibilities Of A Guardian Ad Litem In Texas In Personal Injury Litigation, Jennifer L. Anton Jan 1998

The Ambiguous Role And Responsibilities Of A Guardian Ad Litem In Texas In Personal Injury Litigation, Jennifer L. Anton

SMU Law Review

No abstract provided.

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When Murdering Hands Rock The Cradle: An Overview Of America's Incoherent Treatment Of Infanticidal Mothers, Brenda Barton Jan 1998

When Murdering Hands Rock The Cradle: An Overview Of America's Incoherent Treatment Of Infanticidal Mothers, Brenda Barton

SMU Law Review

No abstract provided.

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Contemporary Financial Innovation: Orthodoxy And Alternatives, Charles R. Pouncy Jan 1998

Contemporary Financial Innovation: Orthodoxy And Alternatives, Charles R. Pouncy

SMU Law Review

No abstract provided.

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Deceptive Trade Practices-Consumer Protection Act, A. Michael Ferrill, Charles A. Japhet Jan 1998

Deceptive Trade Practices-Consumer Protection Act, A. Michael Ferrill, Charles A. Japhet

SMU Law Review

No abstract provided.

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Criminal Procedure: Pretrial, Trial And Appeal, Shirley Baccus-Lobel, Gary Alan Udashen Jan 1998

Criminal Procedure: Pretrial, Trial And Appeal, Shirley Baccus-Lobel, Gary Alan Udashen

SMU Law Review

No abstract provided.

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Environmental Law, Scott D. Deatherage, Matthew J. Knifton Jan 1998

Environmental Law, Scott D. Deatherage, Matthew J. Knifton

SMU Law Review

No abstract provided.

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Partnerships, Steven A. Waters, Walt Miller Jan 1998

Partnerships, Steven A. Waters, Walt Miller

SMU Law Review

No abstract provided.

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Insurance Law, Michael Sean Quinn, Pamela D. Nielson Jan 1998

Insurance Law, Michael Sean Quinn, Pamela D. Nielson

SMU Law Review

No abstract provided.

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Oil, Gas And Mineral Law, Richard F. Brown Jan 1998

Oil, Gas And Mineral Law, Richard F. Brown

SMU Law Review

No abstract provided.

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Personal Torts, Frank L. Branson Jan 1998

Personal Torts, Frank L. Branson

SMU Law Review

No abstract provided.

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Clinical Legal Education And The U.C. Davis Immigration Law Clinic: Putting Theory Into Practice And Practice Into Theory, Kevin R. Johnson, Amagda Perez Jan 1998

Clinical Legal Education And The U.C. Davis Immigration Law Clinic: Putting Theory Into Practice And Practice Into Theory, Kevin R. Johnson, Amagda Perez

SMU Law Review

No abstract provided.

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The Effect Of Age And Gender On Length Of Hospitalization Of Coronary Artery Bypass Graft And Cardiac Valve Patients, Jacqueline Devine-Leiran Jan 1998

The Effect Of Age And Gender On Length Of Hospitalization Of Coronary Artery Bypass Graft And Cardiac Valve Patients, Jacqueline Devine-Leiran

Theses and Dissertations

No abstract provided.

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Workers' Compensation Law: Act 796 Of 1993 And The Definition Of "Compensable Injury", Terry D. Lucy Jan 1998

Workers' Compensation Law: Act 796 Of 1993 And The Definition Of "Compensable Injury", Terry D. Lucy

University of Arkansas at Little Rock Law Review

No abstract provided.

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Female Medical Residents And Stress: Origins, Impacts, And Coping Responses, Brenda Mcgehee Smith Jan 1998

Female Medical Residents And Stress: Origins, Impacts, And Coping Responses, Brenda Mcgehee Smith

Theses and Dissertations

Stress research studies of medical residents in the 1970s and 1980s found that female residents cope less well than male residents. Coping strategies, as well as origins and impact of stress, of 12 female residents were examined in the contexts of their environment. This qualitative ethnographic study was organized around the transactional cognitive theory of stress and coping. Female residents coped well, with use of a variety of strong support relationships, and were creative and flexible in combining their personal and professional lives. The quality of interpersonal communication and support, rather than the existence, appeared to have the greatest effect …

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Employment Discrimination On The Basis Of Sexual Orientation In Institutions Of Higher Education: A Survey Of Faculty Opinions, Catherine Ann Christie Jan 1998

Employment Discrimination On The Basis Of Sexual Orientation In Institutions Of Higher Education: A Survey Of Faculty Opinions, Catherine Ann Christie

Theses and Dissertations

Federal law does not prohibit employment discrimination based on sexual orientation. As is the case for other professionals, an educator who is a gay male or lesbian has had no protection from this form of discrimination unless it is specifically prohibited by a state or local law, or an institutional policy. Because they have been legally prohibited from marrying, domestic partners of gay and lesbian educators have not been entitled to share the employment benefits of their partners. This study examined opinions of faculty in four-year colleges and universities in Arkansas regarding employment discrimination based on sexual orientation in institutions …

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In Vivo And In Vitro Nuclear Magnetic Resonance Imaging And Spectroscopy Of Psychoactive Drugs In Rat Brain, Diana M. Lindquist Jan 1998

In Vivo And In Vitro Nuclear Magnetic Resonance Imaging And Spectroscopy Of Psychoactive Drugs In Rat Brain, Diana M. Lindquist

Theses and Dissertations

Four psychoactive drugs were studied using various in vivo nuclear magnetic resonance (NMR) techniques. Trifluoperazine (TFP) was given to several normal rats, whose brains were then studied using in vivo fluorine-19 NMR. Three peaks were detected in the in vivo fluorine spectra: one at -62 ppm, which was due to TFP, and two others at -55 and -75 ppm, which are due to unknown metabolites of TFP. Samples of skin, skull, muscle, and brain were obtained from these rats and extracted for in vitro analysis. The metabolites responsible for the in vivo peak at -75 ppm also appeared in the …

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A Study Of Organizational Health In The Context Of Court-Ordered Desegregation, Alicia I. Finch Jan 1998

A Study Of Organizational Health In The Context Of Court-Ordered Desegregation, Alicia I. Finch

Theses and Dissertations

The study of organizational health in the context of court-ordered desegregation focused on the three school districts in Pulaski County, Arkansas: Little Rock School District, North Little Rock School District, and Pulaski County Special School District. The purpose of the study was to determine the existence of a relationship between organizational health and the desegregation process. The organizational health of each school district was measured on the theoretical concept of schools as social systems. The organizational health of the school districts was measured using a revised version of the Organizational Health Inventory developed by Hoy and Feldman (1987). Seven constructs …

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Criminal Procedure—Crazy As I Need To Be: The United States Supreme Court's Latest Addition To The Incompetency Doctrine. Cooper V. Oklahoma, 116 S. Ct. 1373 (1996)., S. Christopher Thomason Jan 1998

Criminal Procedure—Crazy As I Need To Be: The United States Supreme Court's Latest Addition To The Incompetency Doctrine. Cooper V. Oklahoma, 116 S. Ct. 1373 (1996)., S. Christopher Thomason

University of Arkansas at Little Rock Law Review

No abstract provided.

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The Attack On Traditional Billing Practices, Stephen W. Jones, Melissa Beard Glover Jan 1998

The Attack On Traditional Billing Practices, Stephen W. Jones, Melissa Beard Glover

University of Arkansas at Little Rock Law Review

No abstract provided.

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From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown Jan 1998

From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown

University of Arkansas at Little Rock Law Review

No abstract provided.

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Constitutional Law—Single Hiring Decisions And Municipal Entities: The United States Supreme Court's Latest Safeguard Against Municipal Liability Under 42 U.S.C. §1983. Board Of The County Comm'rs V. Brown, 117 S. Ct. 1382 (1997)., J. Matthew Mauldin Jan 1998

Constitutional Law—Single Hiring Decisions And Municipal Entities: The United States Supreme Court's Latest Safeguard Against Municipal Liability Under 42 U.S.C. §1983. Board Of The County Comm'rs V. Brown, 117 S. Ct. 1382 (1997)., J. Matthew Mauldin

University of Arkansas at Little Rock Law Review

No abstract provided.

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Fall 1998, Nsu Oceanographic Center Jan 1998

Fall 1998, Nsu Oceanographic Center

Currents

No abstract provided.

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